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Family Law - Coggle Diagram

- - - - Capacity
      - Present Intent to be married
      - Cohabitation
      - Hold themselves out to the public as marries
    - - If it's valid in state A, it will be valid in state B
- - - - No Fault
        
        Irreconcilable differences
    - - PRE-Divorce requirement
        
        period where you're separated, still technically married, but trying to reconcile
  - - - Not-Community Property States
        
        Equitable distribution
        
        Divide Property in an equal (fair) fashion
      - Community Property
    - - Acquired during marriage
        
        ≠ gifts/inheritance/award settlements pre=marriage
- - - - Support paid to spouse until they can earn a degree/certification to get a higher paying occupation
      - Limitted amount of time
    - - Support based on sacrifices receiving spouse made during the marriage
  - - - Significant change in circumstances warranting that change
        
        Voluntary change in circumstances ≠ enough
        
        Payor Gets New Obligations
        
        EX: Gets Remarried/Adopts children
        
        Has less $$ to pay out... this is a significant change in circumstances
        
        Receiving spouse remarries
        
        Might lose support
  - - - New state can grant divorce to spouse even if the other isn't there...BUT, cannot issue any orders regarding spousal/child suport/property
- - - - Court will have jurisdiction to require an out of state parent to pay child support IF
        
        That parent has been personally served in the state forum or agrees to be there
        
        Parent formerly lived in the state with the child
        
        Out of state was conceived in the state
    - - Issuing state has the power to enforce the child support
        
        UNLESS
        
        Both parents & the child move out of the issuing state
        
        All parties agree a new state has power
      - Registering Child Support Order in new state makes it enforceable there
  - - - Change in job
      - Remarried
      - Change in income
    - - Court won't relieve a parent of an amount they owe. . . will only reduce future payment
  - - - Unless child unreasonably disobeys
- - - - Who has the power?
        
        Child's home state
        
        If child no longer lives within a state, but did < 6 mos ago & has a parent that still lives there. . . that = home state
        
        If neither of these are met, then significant connection jurisdiction
        
        Any court where a child and at least 1 parent have a significant connection with the state & there's evidence to that effect. . . that'll work
        
        Exclusive jurisdiction
        
        Courts that make the initial ruling in a custody case will continue to have exclusive jurisdiction over that case UNLESS
        
        Both parties no longer reside in the state
        
        If the child no longer has a significant connection to the issuing state & there's no evidence connecting them to that state
  - - - Court must give special weight to a parent's desire for custody
  - - - If the custodial parent wants to relocate in a way that would impair the other parent's ability to visit. . . custodial parent must show it's for a
        
        Legitimate purpose
        
        Reasonable
- - - - Full disclosure
      - Fair/reasonable
      - Voluntary
      - In writing
      - Signed by party to be charged
    - - Involuntary
        
        If spouse is given the opportunity to seek counsel, it won't be considered involuntary
      - Unfair/Unreasonable
        
        Procedural & Substantive
      - Disclosure
  - - - Unconscionability
      - Fraud
  - - - Unconscionability
      - Fraud
- - - - Putative Father Registry
        
        Some states have a registration system where unwed biological fathers can sign up and request to be informed about any issues related to their child & if that child is going to be adopted, he will be informed
  - - - It's in the best interest of the child
        
        EX: Religious beliefs endanger a child's medical needs